Interbranch Control of Regulation: Executive, Legislative and Judicial Influence, and Agency Response

Ever since the rise of agencies during the New Deal, Congress, the judicial branch, and the president have found ways to exert control over the so-called “fourth branch,” regardless of claims of independence and neutral, politically insulated decision making. Even after the Supreme Court overturned the legislative veto in INS v.Chada, the Congressional Review Act, the REINS Act, and the proposed Closing Loopholes Act continue to attempt to expose agency decision making to direct Congressional control, while members themselves exert informal influence over individual decisions. The president, through the Office of Information and Regulatory Affairs and Executive Orders, as well as through the appointment and removal powers, continues to influence agency decision making on a daily basis. And the Court, even after Vermont Yankee, continues to find novel ways to impose judicial review over decisions that lead to further procedural hurdles. This annual symposium will explore these issues, as well as the agencies’ trend toward highly informal means of rulemaking, possibly as a way to avoid these myriad requirements.

(6 credit hours) will be applied for as requested to different states.CLE Accreditation - $ 330.00

For further information, please contact:
Office of Special Events & Continuing Legal Education
American University Washington College of Law
Phone: 202.274.4075; Fax: 202.274.4079; or secle@wcl.american.edu